The Court of Appeals for the District of Columbia has set a date to hear arguments in the case of Leandra English against President Donald Trump.
Arguments in the case will be heard on April 12.
English has sued because she believes she should be the rightful acting director of the Consumer Financial Protection Bureau and not Mick Mulvaney. English was promoted to deputy director of the CFPB in the hours before former director Richard Cordray resigned on Nov. 24. Cordray and English are using language in the Dodd-Frank Wall Street Reform & Consumer Protection Act to claim that the deputy director serves as acting director when the director is absent, while President Trump is using the Federal Vacancies Reform Act as his legal basis for installing Mulvaney as acting director.
English filed her lawsuit on Nov. 26. Since then, a request for a preliminary injunction was denied as was a request for a temporary restraining order. English is appealing the preliminary injunction ruling.
The clock is beginning to work against English in her quest to unseat Mulvaney, who is also the director of the White House Office of Management and Budget. Under the FVRA, the appointment of an acting director can last no longer than 210 days from the date the individual was assigned to the post. That means Mulvaney’s term as acting director will last until the beginning of July.
